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NAVY | BCNR | CY2005 | 02062-05
Original file (02062-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD~
                                             2 NAVY ANNEX
          WASHINGTON DC 20370-5100


                                                      SJN
                                                      Docket No: 02062-05
                                                      29 September 2005

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2005. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 3 January 1983 at age 23. On 17 May and 8 June 1984 you received nonjudicial punishment (NJP) for two specifications of disobedience, a 10-day period of unauthorized absence (UA), wrongful use of marijuana and disrespect.
On 24 May 1984 administrative discharge action was initiated by reason of misconduct due to drug abuse. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative board. On 14 June 1984 the commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 18 June 1984 the discharge authority directed an other than honorable discharge and on 5 July 1984, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and post service accomplishments. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your two NJP’s,
 one of which was for drug use. Concerning your contention that you never received any rehabilitation, the commanding officer concluded that your record did not warrant retention and elected administrative separation and not rehabilitation. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely




W.       DEAN PFEIFFER
 Executive Director

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